What must I do if the attorney will not turn over assets and keys to the house?

Question

He has already went the house and took pictures and contacted beneficiary's  about their inherits. He also set up a paper for appearing before the judge before contacting me. He also wanted to contact an auction company about the house and Property. He has been real pushy about the estate. What must I do? I thought he was a good choice. Until all of this. I signed a paper and his  secretary notarized it. Is it too late to get a different attorney to help me out?

William M Stoddard · Answer

Your question is unclear. Are you the court appointed executor or just an heir. Have you reviewed the will or the paper work at the court house. Any executor can file an attorney who is failing to do what the executor instructs. The hiring document you say was notarized, did you get a copy. If you were not given a copy, you can move the court to order that it be produced and given to you. No attorney should be doing the things you suggest unless he intends to bill the estate for his time that is what the executor should be doing. A bar complaint may be in order at some point. Mentioning you might have to seek the bar association's help, might get his to reevaluate his actions.

Nathan Wagner · Answer

You are the executor or administrator, and you hired this attorney to help you administer the estate. Is that right? If so, you can certainly hire another attorney to replace this one. But to be honest, it does not sound like this attorney is doing anything wrong. He cannot turn over assets until the judge approves how the assets should be distributed to the beneficiaries.

Jay Rigdon · Answer

If you are the personal representative of the estate, he has to listen to you about selling assets, etc. If he doesn't, fire him.

Edwin K. Niles · Answer

No, its never too late to get another lawyer.  Is he acting as administrator, or merely as attorney for the administrator?  Are you the admin?

Norman Green · Answer

You have the right to substitute another attorney if you wish.  If you are using one attorney for estate planning and for personal injury, you probably have not made a good choice.

Dara J. Goldsmith · Answer

Probably not, read your retainer letter.  It should set forth what is being done and what is being charged.  If unsure, set an appointment to meet with the attorney.  This information is only intended to give general information in response to an inquiry.  It does not establish an attorney client relationship.  This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.

Ronald A. Steinberg · Answer

If someone dies, their are 3 ways in which their assets are controlled:  1) a will 2) a trust 3) by the rules of intestacy (dying without a will).  If you did not get keys, etc., perhaps it is because you are not a beneficiary or heir under the will or the trust.  You can always hire your own lawyer, at your own expense.  If you win, you will get your money back.

Victor Waid · Answer

Never too late to obtain the service of another probate attorney to advise you and maybe step into the case to represent you do not delay.

Jayne Sebby · Answer

Sounds like he's very efficient and on the ball.  However, if you're not comfortable with his actions, first talk to him and set a timetable of actions together.  There are statutory deadlines that have to be met in probate and he may be taking those into account as he works on the estate.  If after a few more weeks you're still not happy with him, ask him to turn over all of the information and documents he has gathered, pay him for all the services he has provided to date, and find another attorney.

Mark T. Peters · Answer

You can always fire this attorney and hire another, but he may be doing his job correctly.  Is there more than one inheritor?  If so, he has an obligation to make the correct distribution to all of them.  Are there creditors?  Likewise, he must gather the assets of the estate to pay the creditors.

Christine Socrates · Answer

You are never obligated to stay with an Attorney if you are not happy with his work or if the relationship is not what you would like it to be.  You will be obligated to pay him for any costs or legal fees he has incurred. You have a right to fire an attorney you have hired.  I would find a new attorney you would like to work with before firing the previous one.  He/she can help you with the transition.

David Leon · Answer

Are you the one who hired him? Are you the executor?

Paul Whitfield · Answer

Who are you and what business is this of yours. If you hired him you can fire him.

Jeffrey Gottlieb · Answer

Is he your attorney? Are you the executor? If you hired an attorney you are certainly free to release him and hire a new one. You should pay the attorney for the time that he has accrued to date.

Andrew Velonis · Answer

You could go to another attorney and pay for an office consultation. Other than that, I don't see what your problem is: He has been real pushy, he went to the house, took pictures, contacted the beneficiaries, set up a paper for appearing before the judge and made arrangements for an auction company.  Now you are complaining that he is doing his job.

James Frederick · Answer

It is hard to tell, from the limited facts provided. You may or may not be able to change things, at this point. It is also possible that the attorney is doing exactly what he was supposed to do. It sounds like he is taking steps to preserve the value of the estate and its assets.

Christine James · Answer

It is not too late to get a different attorney.  Do it asap before he gets too far.

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What must I do if the attorney will not turn over assets and keys to the house?

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